Melamine From Germany, Japan, the Netherlands, and Trinidad and Tobago: Antidumping Duty Orders, 8701-8703 [2025-01999]
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Federal Register / Vol. 90, No. 20 / Friday, January 31, 2025 / Notices
enforcement.trade.gov/stats/
iastats1.html.
These orders are issued and published
in accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Dated: January 27, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Orders
The merchandise subject to these orders is
melamine (Chemical Abstracts Service (CAS)
registry number 108–78–01, molecular
formula C3 H6 N6). Melamine is also known
as 2,4,6-triamino-s-triazine; 1,3,5-Triazine2,4,6- triamine; Cyanurotriamide;
Cyanurotriamine; Cyanuramide; and by
various brand names. Melamine is a
crystalline powder or granule. All melamine
is covered by the scope of these orders
irrespective of purity, particle size, or
physical form. Melamine that has been
blended with other products is included
within this scope when such blends include
constituent parts that have been
intermingled, but that have not been
chemically reacted with each other to
produce a different product. For such blends,
only the melamine component of the mixture
is covered by the scope of these orders.
Melamine that is otherwise subject to these
orders is not excluded when commingled
with melamine from sources not subject to
these orders. Only the subject component of
such commingled products is covered by the
scope of these orders.
The subject merchandise is provided for in
subheading 2933.61.0000 of the Harmonized
Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheading
and CAS registry number are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
[FR Doc. 2025–02001 Filed 1–30–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–852, A–588–882, A–421–817, A–274–
810]
Melamine From Germany, Japan, the
Netherlands, and Trinidad and Tobago:
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing the antidumping
duty orders on melamine from
Germany, Japan, the Netherlands, and
Trinidad and Tobago.
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AGENCY:
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DATES:
Applicable January 31, 2025.
FOR FURTHER INFORMATION CONTACT:
Noah Wetzel at (202) 482–7466
(Germany); George McMahon at (202)
482–1167 (Japan); Janae Martin at (202)
482–0238 (the Netherlands); and
Brittany Bauer at (202) 482–3860
(Trinidad and Tobago), AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d)
and 777(i) of the Tariff Act of 1930, as
amended (the Act) on December 9, 2024,
Commerce published in the Federal
Register its affirmative final
determinations in the less-than-fairvalue (LTFV) investigations of
melamine from Germany, Japan, the
Netherlands, and Trinidad and Tobago.1
On January 23, 2025, the ITC notified
Commerce of its final affirmative
determinations, pursuant to section
735(d) of the Act, that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
LTFV imports of melamine from
Germany, Japan, and the Netherlands,
and that an industry in the United
States is threatened with material injury
by reason of imports of such
merchandise from Trinidad and Tobago
that are sold in the United States at
LTFV.2 Further, the ITC determined that
critical circumstances do not exist with
respect to LTFV imports of melamine
from Japan.3
1 See Melamine from Germany: Final Affirmative
Determination of Sales at Less Than Fair Value, 89
FR 97584 (December 9, 2024) (Germany Final
Determination); Melamine from Japan: Final
Affirmative Determination of Sales at Less Than
Fair Value and Final Affirmative Determination of
Critical Circumstances, In Part, 89 FR 97601
(December 9, 2024) (Japan Final Determination);
Melamine from the Netherlands: Final Affirmative
Determination of Sales at Less Than Fair Value, 89
FR 97590 (December 9, 2024) (Netherland Final
Determination); and Melamine from Trinidad and
Tobago: Final Affirmative Determination of Sales at
Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, In Part, 89
FR 97598 (December 9, 2024) (Trinidad and Tobago
Final Determination) (collectively, the Final
Determinations).
2 See ITC’s Letter, Notification Letter:
Investigation Nos. 701–TA–706, 708–709 and 731–
TA–1667, 1669–1670, 1672 (Final), dated January
23, 2025 (ITC Notification Letter).
3 Having made a determination that an industry
in the United States is threatened with material
injury by reason of imports of melamine from
Trinidad and Tobago, the ITC did not reach the
issue of critical circumstances regarding subject
imports from Trinidad and Tobago. See Melamine
from Germany, Japan, Netherlands, Qatar, and
Trinidad and Tobago, Investigation Nos. 701–TA–
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8701
Scope of the Orders
The product covered by these orders
is melamine from Germany, Japan, the
Netherlands, and Trinidad and Tobago.
For a complete description of the scope
of these orders, see the appendix to this
notice.
Antidumping Duty Orders
Based on the above-referenced
affirmative final determinations by the
ITC that an industry in the United States
is materially injured by reason of LTFV
imports of melamine from Germany,
Japan, and the Netherlands, and that an
industry in the United States is
threatened with material injury by
reason of imports of such merchandise
from Trinidad and Tobago,4 and, in
accordance with sections 735(c)(2) and
736 of the Act, Commerce is issuing
these antidumping duty orders. Because
the ITC determined that an industry in
the United States is materially injured
by reason of imports of melamine from
Germany, Japan, the Netherlands, and
Trinidad and Tobago are materially
injuring, or threatening to material
injury a U.S. industry,5 unliquidated
entries of such merchandise from
Germany, Japan, the Netherlands, and
Trinidad and Tobago, entered or
withdrawn from warehouse for
consumption, are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of melamine from
Germany, Japan, the Netherlands, and
Trinidad and Tobago. For all relevant
entries of melamine from Germany,
Japan, and the Netherlands,
antidumping duties will be assessed on
unliquidated entries of melamine
entered, or withdrawn from warehouse,
for consumption on or after June 26,
2024, the date of publication of the
Preliminary Determinations in the
Federal Register, but will not include
entries occurring after the expiration of
the provisional measures period and
before publication of the ITC’s final
injury determination, as further
described below.6
706, 708–709 and 731–TA–1667, 1669–1670, 1672
(Final), dated January 23, 2025 (ITC Final Report).
4 Id.
5 Id.
6 See Melamine from Germany: Preliminary
Affirmative Determination of Sales at Less Than
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Continued
31JAN1
8702
Federal Register / Vol. 90, No. 20 / Friday, January 31, 2025 / Notices
Pursuant to section 736(b)(2) of the
Act, duties shall be assessed on subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the ITC’s
notice of final determination if that
determination is based on the threat of
material injury and is not accompanied
by a finding that injury would have
resulted without the imposition of
suspension of liquidation of entries
since Commerce’s preliminary
determination.
Additionally, section 736(b)(2) of the
Act requires CBP to refund any cash
deposits or bonds of estimated
antidumping duties posted since the
preliminary antidumping determination
if the ITC’s final determination is threatbased.
Because the ITC’s final determination
for Trinidad and Tobago is based on the
threat of material injury and is not
accompanied by a finding that injury
would have resulted but for the
imposition of suspension of liquidation
of entries since the Trinidad and
Tobago Preliminary Determination,
section 736(b)(2) of the Act is
applicable.7 Therefore, Commerce will
instruct CBP to assess duties on entries
Critical Circumstances
With respect to the ITC’s negative
critical circumstances determination on
imports of melamine from Japan, we
will instruct CBP to lift the suspension
of liquidation and to refund all cash
deposits for estimated antidumping
duties with respect to entries of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after June 26, 2024,
i.e., 90 days prior to the date of the
publication of the Japan Preliminary
Determination, but before September 24,
2024, the date of publication of the
Japan Preliminary Determination.
Continuation of Suspension of
Liquidation
Except as noted in the ‘‘Provisional
Measures’’ section of this notice below,
in accordance with section 736 of the
Act, Commerce intends to instruct CBP
to continue to suspend liquidation of all
relevant entries of melamine from
Germany, Japan, the Netherlands, and
Trinidad and Tobago. These
instructions suspending liquidation will
remain in effect until further notice.
Commerce also intends to instruct
CBP to require cash deposits at a rate
equal to the estimated weighted-average
dumping margins indicated in the table
below. Accordingly, effective on the
date of publication in the Federal
Register of the notice of the ITC’s final
affirmative injury determinations, CBP
will require, at the same time that
importers would normally deposit
estimated duties on the merchandise, a
cash deposit equal to the rates listed
below. The relevant all-others rates
apply to all producers or exporters not
specifically listed.
Estimated Weighted-Average Dumping
Margins
Pursuant to section 735 of the Act, the
final estimated weighted-average
dumping margins are as follows:
Weighted-average
dumping margin
(percent)
Country
Exporter/producer
Germany .................................................
LAT Nitrogen Piesteritz GmbH ...............................................................................
All Others ................................................................................................................
Mitsui Chemicals, Inc ..............................................................................................
All Others ................................................................................................................
OCI Nitrogen B.V ....................................................................................................
All Others ................................................................................................................
Methanol Holdings (Trinidad) Limited .....................................................................
All Others ................................................................................................................
Japan ......................................................
Netherlands ............................................
Trinidad and Tobago ..............................
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination,
may not remain in effect for more than
four months, except that Commerce may
extend the four-month period to no
more than six months.
Commerce published the Preliminary
Determinations in these investigations
in the Federal Register on September
24, 2024.8 Commerce did not extend the
deadline for issuing its final
determinations in these investigations,
which it published in the in the Federal
Register on December 9, 2024.
Therefore, the four-month period
beginning on the date of publication of
the Preliminary Determination ended on
January 21, 2025.
Consequently, in accordance with
section 733(d) of the Act and its
practice,9 Commerce will instruct CBP
to terminate the suspension of
liquidation and to liquidate, without
regard to antidumping duties,
unliquidated entries of melamine from
Fair Value, 89 FR 77822 (September 24, 2024)
(Germany Preliminary Determination) and
accompanying Preliminary Decision Memorandum
(PDM); see also Melamine from Japan: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value and Affirmative Determination of
Critical Circumstances, In Part, 89 FR 77819
(September 24, 2024) (Japan Preliminary
Determination) and accompanying PDM; Melamine
from the Netherlands: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, 89
FR 77829 (September 24, 2024) (Netherlands
Preliminary Determination) and accompanying
PDM; and Melamine from Trinidad and Tobago:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value and Affirmative
Determination of Critical Circumstances, In Part, 89
FR 77814 (September 24, 2024) (Trinidad and
Tobago Preliminary Determination) and
accompanying PDM (collectively, the Preliminary
Determinations).
Provisional Measures
ddrumheller on DSK120RN23PROD with NOTICES1
of melamine from Trinidad and Tobago
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the ITC’s notice of final
determination of threat of material
injury in the Federal Register, in
accordance with the dumping margins
listed in the rate chart below for
Trinidad and Tobago.
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218.73
179.24
127.69
115.11
72.16
53.50
146.85
98.32
Germany, Japan, the Netherlands, and
Trinidad and Tobago entered or
withdrawn from warehouse for
consumption, after January 21, 2025, the
final day on which the provisional
measures were in effect, until and
through the day preceding the date of
publication of the ITC’s final affirmative
injury determinations in the Federal
Register. Suspension of liquidation and
the collection of cash deposits will
resume on the date of publication of the
ITC’s final determinations in the
Federal Register.
7 See
ITC Final Report at 1, footnote 4.
Preliminary Determinations.
9 See, e.g., Certain Corrosion-Resistant Steel
Products from India, Italy, the People’s Republic of
China, the Republic of Korea, and Taiwan:
Amended Final Affirmative Antidumping
Determination for India and Taiwan, and
Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
8 See
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Federal Register / Vol. 90, No. 20 / Friday, January 31, 2025 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
Establishment of the Annual Inquiry
Service Lists
On September 20, 2021, Commerce
published the final rule titled
‘‘Regulations to Improve Administration
and Enforcement of Antidumping and
Countervailing Duty Laws’’ in the
Federal Register.10 On September 27,
2021, Commerce also published the
notice titled ‘‘Scope Ruling Application;
Annual Inquiry Service List; and
Informational Sessions’’ in the Federal
Register.11 The Final Rule and
Procedural Guidance provide that
Commerce will maintain an annual
inquiry service list for each order or
suspended investigation, and any
interested party submitting a scope
ruling application or request for
circumvention inquiry shall serve a
copy of the application or request on the
persons on the annual inquiry service
list for that order, as well as any
companion order covering the same
merchandise from the same country of
origin.12
In accordance with the Procedural
Guidance, for orders published in the
Federal Register after November 4,
2021, Commerce will create an annual
inquiry service list segment in
Commerce’s online e-filing and
document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS),
available at https://access.trade.gov,
within five business days of publication
of the notice of the order. Each annual
inquiry service list will be saved in
ACCESS, under each case number, and
under a specific segment type called
‘‘AISL-Annual Inquiry Service List.’’ 13
Interested parties who wish to be
added to the annual inquiry service list
for an order must submit an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS within 30 days after the date of
publication of the order. For ease of
administration, Commerce requests that
10 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
11 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
12 Id.
13 This segment will be combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL—January Anniversary.’’ Note
that there will be only one annual inquiry service
list segment per case number, and the anniversary
month will be pre-populated in ACCESS.
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18:17 Jan 30, 2025
Jkt 265001
law firms with more than one attorney
representing interested parties in an
order designate a lead attorney to be
included on the annual inquiry service
list. Commerce will finalize the annual
inquiry service list within five business
days thereafter. As mentioned in the
Procedural Guidance,14 the new annual
inquiry service list will be in place until
the following year, when the
Opportunity Notice for the anniversary
month of the order is published.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Changes or announcements
pertaining to these procedures will be
posted to the ACCESS website at
https://access.trade.gov.
Special Instructions for Petitioner and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 15
Accordingly, as stated above, the
petitioner 16 and Governments of
Germany, Japan, the Netherlands, and
Trinidad and Tobago should submit
their initial entries of appearance after
publication of this notice in order to
appear in the first annual inquiry
service lists for these orders. Pursuant to
19 CFR 351.225(n)(3), the petitioner and
the Governments of Germany, Japan, the
Netherlands, and Trinidad and Tobago
will not need to resubmit their entries
of appearance each year to continue to
be included on the annual inquiry
service list. However, the petitioner and
the Governments of Germany, Japan, the
Netherlands, and Trinidad and Tobago
are responsible for making amendments
to their entries of appearance during the
annual update to the annual inquiry
service list in accordance with the
procedures described above.
Notification to Interested Parties
This notice constitutes the AD Orders
with respect to melamine from
Germany, Japan, the Netherlands, and
Trinidad and Tobago, pursuant to
section 736(a) of the Act. Interested
parties can find a list of AD orders
currently in effect at https://
14 See
Procedural Guidance, 86 FR at 53206.
Final Rule, 86 FR at 52335.
16 The petitioner is Cornerstone Chemical
Company.
15 See
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enforcement.trade.gov/stats/
iastats1.html.
These orders are published in
accordance with sections 736(a) of the
Act, and 19 CFR 351.211(b).
Dated: January 27, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—Scope of the Orders
The merchandise subject to these orders is
melamine (Chemical Abstracts Service (CAS)
registry number 108–78–01, molecular
formula C3 H6 N6). Melamine is also known
as 2,4,6-triamino-striazine; 1,3,5-Triazine2,4,6-triamine; Cyanurotriamide;
Cyanurotriamine; Cyanuramide; and by
various brand names. Melamine is a
crystalline powder or granule. All melamine
is covered by the scope of these orders
irrespective of purity, particle size, or
physical form. Melamine that has been
blended with other products is included
within this scope when such blends include
constituent parts that have been
intermingled, but that have not been
chemically reacted with each other to
produce a different product. For such blends,
only the melamine component of the mixture
is covered by the scope of these orders.
Melamine that is otherwise subject to these
orders is not excluded when commingled
with melamine from sources not subject to
these orders. Only the subject component of
such commingled products is covered by the
scope of these orders.
The subject merchandise is provided for in
subheading 2933.61.0000 of the Harmonized
Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheading
and CAS registry number are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
[FR Doc. 2025–01999 Filed 1–30–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE631]
Public Meeting; Center of Independent
Experts Review of the Machine
Learning Coupled With Fourier
Transform Near-Infrared Spectroscopy
of Otoliths to Age Fish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of hybrid meeting.
AGENCY:
The Center of Independent
Experts (CIE) review of the Machine
Learning Coupled with Fourier
Transform Near-infrared Spectroscopy
of Otoliths to Age Fish will be held
SUMMARY:
E:\FR\FM\31JAN1.SGM
31JAN1
]]>Agencies
[Federal Register Volume 90, Number 20 (Friday, January 31, 2025)]
[Notices]
[Pages 8701-8703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01999]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-852, A-588-882, A-421-817, A-274-810]
Melamine From Germany, Japan, the Netherlands, and Trinidad and
Tobago: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing the antidumping duty orders on
melamine from Germany, Japan, the Netherlands, and Trinidad and Tobago.
DATES: Applicable January 31, 2025.
FOR FURTHER INFORMATION CONTACT: Noah Wetzel at (202) 482-7466
(Germany); George McMahon at (202) 482-1167 (Japan); Janae Martin at
(202) 482-0238 (the Netherlands); and Brittany Bauer at (202) 482-3860
(Trinidad and Tobago), AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i) of the Tariff Act of
1930, as amended (the Act) on December 9, 2024, Commerce published in
the Federal Register its affirmative final determinations in the less-
than-fair-value (LTFV) investigations of melamine from Germany, Japan,
the Netherlands, and Trinidad and Tobago.\1\ On January 23, 2025, the
ITC notified Commerce of its final affirmative determinations, pursuant
to section 735(d) of the Act, that an industry in the United States is
materially injured within the meaning of section 735(b)(1)(A)(i) of the
Act by reason of LTFV imports of melamine from Germany, Japan, and the
Netherlands, and that an industry in the United States is threatened
with material injury by reason of imports of such merchandise from
Trinidad and Tobago that are sold in the United States at LTFV.\2\
Further, the ITC determined that critical circumstances do not exist
with respect to LTFV imports of melamine from Japan.\3\
---------------------------------------------------------------------------
\1\ See Melamine from Germany: Final Affirmative Determination
of Sales at Less Than Fair Value, 89 FR 97584 (December 9, 2024)
(Germany Final Determination); Melamine from Japan: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances, In Part, 89 FR
97601 (December 9, 2024) (Japan Final Determination); Melamine from
the Netherlands: Final Affirmative Determination of Sales at Less
Than Fair Value, 89 FR 97590 (December 9, 2024) (Netherland Final
Determination); and Melamine from Trinidad and Tobago: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances, In Part, 89 FR
97598 (December 9, 2024) (Trinidad and Tobago Final Determination)
(collectively, the Final Determinations).
\2\ See ITC's Letter, Notification Letter: Investigation Nos.
701-TA-706, 708-709 and 731-TA-1667, 1669-1670, 1672 (Final), dated
January 23, 2025 (ITC Notification Letter).
\3\ Having made a determination that an industry in the United
States is threatened with material injury by reason of imports of
melamine from Trinidad and Tobago, the ITC did not reach the issue
of critical circumstances regarding subject imports from Trinidad
and Tobago. See Melamine from Germany, Japan, Netherlands, Qatar,
and Trinidad and Tobago, Investigation Nos. 701-TA-706, 708-709 and
731-TA-1667, 1669-1670, 1672 (Final), dated January 23, 2025 (ITC
Final Report).
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Scope of the Orders
The product covered by these orders is melamine from Germany,
Japan, the Netherlands, and Trinidad and Tobago. For a complete
description of the scope of these orders, see the appendix to this
notice.
Antidumping Duty Orders
Based on the above-referenced affirmative final determinations by
the ITC that an industry in the United States is materially injured by
reason of LTFV imports of melamine from Germany, Japan, and the
Netherlands, and that an industry in the United States is threatened
with material injury by reason of imports of such merchandise from
Trinidad and Tobago,\4\ and, in accordance with sections 735(c)(2) and
736 of the Act, Commerce is issuing these antidumping duty orders.
Because the ITC determined that an industry in the United States is
materially injured by reason of imports of melamine from Germany,
Japan, the Netherlands, and Trinidad and Tobago are materially
injuring, or threatening to material injury a U.S. industry,\5\
unliquidated entries of such merchandise from Germany, Japan, the
Netherlands, and Trinidad and Tobago, entered or withdrawn from
warehouse for consumption, are subject to the assessment of antidumping
duties.
---------------------------------------------------------------------------
\4\ Id.
\5\ Id.
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of melamine from Germany, Japan, the Netherlands, and
Trinidad and Tobago. For all relevant entries of melamine from Germany,
Japan, and the Netherlands, antidumping duties will be assessed on
unliquidated entries of melamine entered, or withdrawn from warehouse,
for consumption on or after June 26, 2024, the date of publication of
the Preliminary Determinations in the Federal Register, but will not
include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final injury
determination, as further described below.\6\
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\6\ See Melamine from Germany: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, 89 FR 77822
(September 24, 2024) (Germany Preliminary Determination) and
accompanying Preliminary Decision Memorandum (PDM); see also
Melamine from Japan: Preliminary Affirmative Determination of Sales
at Less Than Fair Value and Affirmative Determination of Critical
Circumstances, In Part, 89 FR 77819 (September 24, 2024) (Japan
Preliminary Determination) and accompanying PDM; Melamine from the
Netherlands: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, 89 FR 77829 (September 24, 2024) (Netherlands
Preliminary Determination) and accompanying PDM; and Melamine from
Trinidad and Tobago: Preliminary Affirmative Determination of Sales
at Less Than Fair Value and Affirmative Determination of Critical
Circumstances, In Part, 89 FR 77814 (September 24, 2024) (Trinidad
and Tobago Preliminary Determination) and accompanying PDM
(collectively, the Preliminary Determinations).
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[[Page 8702]]
Pursuant to section 736(b)(2) of the Act, duties shall be assessed
on subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's notice of
final determination if that determination is based on the threat of
material injury and is not accompanied by a finding that injury would
have resulted without the imposition of suspension of liquidation of
entries since Commerce's preliminary determination.
Additionally, section 736(b)(2) of the Act requires CBP to refund
any cash deposits or bonds of estimated antidumping duties posted since
the preliminary antidumping determination if the ITC's final
determination is threat-based.
Because the ITC's final determination for Trinidad and Tobago is
based on the threat of material injury and is not accompanied by a
finding that injury would have resulted but for the imposition of
suspension of liquidation of entries since the Trinidad and Tobago
Preliminary Determination, section 736(b)(2) of the Act is
applicable.\7\ Therefore, Commerce will instruct CBP to assess duties
on entries of melamine from Trinidad and Tobago entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the ITC's notice of final determination of threat of material injury in
the Federal Register, in accordance with the dumping margins listed in
the rate chart below for Trinidad and Tobago.
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\7\ See ITC Final Report at 1, footnote 4.
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Critical Circumstances
With respect to the ITC's negative critical circumstances
determination on imports of melamine from Japan, we will instruct CBP
to lift the suspension of liquidation and to refund all cash deposits
for estimated antidumping duties with respect to entries of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after June 26, 2024, i.e., 90 days prior to the date of the publication
of the Japan Preliminary Determination, but before September 24, 2024,
the date of publication of the Japan Preliminary Determination.
Continuation of Suspension of Liquidation
Except as noted in the ``Provisional Measures'' section of this
notice below, in accordance with section 736 of the Act, Commerce
intends to instruct CBP to continue to suspend liquidation of all
relevant entries of melamine from Germany, Japan, the Netherlands, and
Trinidad and Tobago. These instructions suspending liquidation will
remain in effect until further notice.
Commerce also intends to instruct CBP to require cash deposits at a
rate equal to the estimated weighted-average dumping margins indicated
in the table below. Accordingly, effective on the date of publication
in the Federal Register of the notice of the ITC's final affirmative
injury determinations, CBP will require, at the same time that
importers would normally deposit estimated duties on the merchandise, a
cash deposit equal to the rates listed below. The relevant all-others
rates apply to all producers or exporters not specifically listed.
Estimated Weighted-Average Dumping Margins
Pursuant to section 735 of the Act, the final estimated weighted-
average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-average
Country Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Germany...................... LAT Nitrogen 218.73
Piesteritz GmbH.
All Others........... 179.24
Japan........................ Mitsui Chemicals, Inc 127.69
All Others........... 115.11
Netherlands.................. OCI Nitrogen B.V..... 72.16
All Others........... 53.50
Trinidad and Tobago.......... Methanol Holdings 146.85
(Trinidad) Limited.
All Others........... 98.32
------------------------------------------------------------------------
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination, may not remain in
effect for more than four months, except that Commerce may extend the
four-month period to no more than six months.
Commerce published the Preliminary Determinations in these
investigations in the Federal Register on September 24, 2024.\8\
Commerce did not extend the deadline for issuing its final
determinations in these investigations, which it published in the in
the Federal Register on December 9, 2024. Therefore, the four-month
period beginning on the date of publication of the Preliminary
Determination ended on January 21, 2025.
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\8\ See Preliminary Determinations.
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Consequently, in accordance with section 733(d) of the Act and its
practice,\9\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of melamine from Germany, Japan, the Netherlands,
and Trinidad and Tobago entered or withdrawn from warehouse for
consumption, after January 21, 2025, the final day on which the
provisional measures were in effect, until and through the day
preceding the date of publication of the ITC's final affirmative injury
determinations in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determinations in the Federal Register.
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\9\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, Italy, the People's Republic of China, the Republic of Korea,
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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[[Page 8703]]
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\10\ On
September 27, 2021, Commerce also published the notice titled ``Scope
Ruling Application; Annual Inquiry Service List; and Informational
Sessions'' in the Federal Register.\11\ The Final Rule and Procedural
Guidance provide that Commerce will maintain an annual inquiry service
list for each order or suspended investigation, and any interested
party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\12\
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\10\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\11\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\12\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \13\
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\13\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL--January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\14\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\14\ See Procedural Guidance, 86 FR at 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioner and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \15\ Accordingly, as stated
above, the petitioner \16\ and Governments of Germany, Japan, the
Netherlands, and Trinidad and Tobago should submit their initial
entries of appearance after publication of this notice in order to
appear in the first annual inquiry service lists for these orders.
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Governments of
Germany, Japan, the Netherlands, and Trinidad and Tobago will not need
to resubmit their entries of appearance each year to continue to be
included on the annual inquiry service list. However, the petitioner
and the Governments of Germany, Japan, the Netherlands, and Trinidad
and Tobago are responsible for making amendments to their entries of
appearance during the annual update to the annual inquiry service list
in accordance with the procedures described above.
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\15\ See Final Rule, 86 FR at 52335.
\16\ The petitioner is Cornerstone Chemical Company.
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Notification to Interested Parties
This notice constitutes the AD Orders with respect to melamine from
Germany, Japan, the Netherlands, and Trinidad and Tobago, pursuant to
section 736(a) of the Act. Interested parties can find a list of AD
orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with sections 736(a) of
the Act, and 19 CFR 351.211(b).
Dated: January 27, 2025.
Abdelali Elouaradia,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Orders
The merchandise subject to these orders is melamine (Chemical
Abstracts Service (CAS) registry number 108-78-01, molecular formula
C3 H6 N6). Melamine is also known
as 2,4,6-triamino-striazine; 1,3,5-Triazine-2,4,6-triamine;
Cyanurotriamide; Cyanurotriamine; Cyanuramide; and by various brand
names. Melamine is a crystalline powder or granule. All melamine is
covered by the scope of these orders irrespective of purity,
particle size, or physical form. Melamine that has been blended with
other products is included within this scope when such blends
include constituent parts that have been intermingled, but that have
not been chemically reacted with each other to produce a different
product. For such blends, only the melamine component of the mixture
is covered by the scope of these orders. Melamine that is otherwise
subject to these orders is not excluded when commingled with
melamine from sources not subject to these orders. Only the subject
component of such commingled products is covered by the scope of
these orders.
The subject merchandise is provided for in subheading
2933.61.0000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheading and CAS registry number are
provided for convenience and customs purposes, the written
description of the scope is dispositive.
[FR Doc. 2025-01999 Filed 1-30-25; 8:45 am]
BILLING CODE 3510-DS-P
